Minority Status granted is permanent and cannot be reviewed periodically

Last Updated On: 07/04/2016

Minority status can not be conferred on a minority educational institution for particular period to be renewed periodically

As has been held by the Madras High Court in T.K.V.T.S.S. Medical Educational & Charitable Trust vs. State of Tamil Nadu (AIR 2002 Madras 42) that a minority status cannot be conferred on a minority educational institution for particular period to be renewed periodically like a driving license. It is not open for the State Government to review its earlier order conferring minority status on a minority educational institution unless it is shown that the institution concerned has suppressed any material fact while passing the order of conferral of minority status or there is fundamental change of 11 circumstances warranting cancellation of the earlier order.

Reference may, in this connection, be made to the following observations of their lordships : - “…………….In conclusion, we hold that if any entity is once declared as minority entitling to the rights envisaged under Article 30(1) of the Constitution of India, unless there is fundamental change of circumstances or suppression of facts the Government has no power to take away that cherished constitutional right which is a fundamental right and that too, by an ordinary letter without being preceded by a fair hearing in conformity with the principles of natural justice.”